lumbosacral I Have Two Diagnosis But One Rating?

[nyc-vet]

I was needing some help. When I submitted a claim 2 years ago for increase on low back and sciatica in leg, it came back as Lumbosacral Radiapathy.... I noticed in the award letter sciatica was not addressed or was it combined into Lumbo Rad...? Also I put in for anxiety and on my physical, I was diagnosed with Anxiety and Major Depression but still only one rating of general anxiety (9400). How can I get these separated into four different rating. Lumbar strain, sciatica, anxiety and depression? Or is this the way that it is?

[broncovet]

To fight against "deemed denials" you have to go all out. It is the VA declaring war on you. I am convinced the regs do not allow it, but they get away with it time after time.

This is why the VA cant get away with it:

Moody states:

"The appellant argues that the Court of Appeals for Veterans Claims erred in construing our decision in Roberson. In Roberson we held that the VA has a duty to “fully and sympathetically develop a veteran’s claim to its optimum,” 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998)), and that this requires the VA to “determine all potential claims raised by the evidence, applying all relevant laws and regulations.”

When the VA "blows off" a Veterans claim, they have violated the above regulations in Moody, and Roberson.

When you do your appeal, be it a DRO or BVA CAVC etc, I suggest you quote Moody and Roberson, above. Moody is available here:

http://www.ll.georgetown.edu/federal/judic...ns/03-7119.html

[nyc-vet]

From what I can see they blew off the nerve issue down my left leg even though I was clearly examined for it. Then later on that day the examined my back and neck.

back is 40%

neck is 20%

nothing for nerve issue. There is nothing in my award letter even addressing it. My only guess is they combined the back and the nerve issue. In the letter cover sheet they describe my back conditon as "Lumbosacral strain with myofascial and facet related pain and lumbosacral radiculopathy"

It got 30% for Anxiety disorder, they didn't describe it as "depression with anxiety" or "Anxiety with depression"

That is why I am wondering should I at least seek clarification on what happened with the radiculopathy and depression diagnosis.

I know for sure radiculopathy should be a seperate rating. I will just have to deal with the anxiety/depression as one it appears.

[mags1023]